Stoncor Group, Inc. v. Peerless Insurance Company

Filing 215

MEMORANDUM AND ORDER denying 210 Letter Motion for Extension of Time to File; denying 213 Letter Motion for Oral Argument. Defendant's letter motions for an extension of time to file a notice of appeal (Dkt 210) and for oral argument (Dkt 213) are denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/9/2022) (jca)

3
In the alternative, defendant requests relief under Rule 4(a)(6), which pennits the
court to reopen the time to file a notice of appeal if (1) the moving party "did not receive notice
under Federal Rule of Civil Procedure 77(d) of the entry of judgment" (2) the motion was filed
within 180 days after entry of the judgment and (3) no party would be prejudiced.' Even if the
requirements of Rule 4(a)(6) are met, a court may exercise its discretion to deny a motion to reopen
time to appeal. 10 Assuming arguendo that the requirements are met, I decline to exercise discretion
in favor of movant because it was at fault for the failure to file a timely notice of appeal. 11
Defendant's letter motions for an extension of time to file a notice of appeal
(Dkt 210) and for oral argument (Dkt 213) are denied.

SO ORDERED.
Dated:

December 9, 2022

9

Fed. R. App. P. 4(a)(6).
10

See Martinez v. Lamanna, 2021 WL 1759924, at *4 (S.D.N.Y. May 4, 2021) ("In exercising
this discretion, the court 'place[s] paiticular emphasis on whether the moving party was at
fault for his or her failure to file an appeal within the required time."' (quoting Ramirez v.
Comm 'r ofSoc. Sec., 2019 WL 6213176, *3 (S.D.N.Y. Nov. 21, 2019))); see also id., at *4
("The comtmay exercise its discretion to deny a motion under Fed. R. App. P. 4(a)(6) when
the 'failure to receive Civil Rule 77(d) notice was entirely and indefensibly a problem of its
counsel's making, and Rule 4(a)(6) was not designed to reward such negligence."' (quoting
In re World.com, 708 F.3d. 327, 340 (2d Cir. 2013))).
II

See id.